Alexandra V. Dattilo | Brouse McDowell | March 1, 2018 Insurers and policyholders continue to debate the age-old question vital to the determination of insurance coverage – what triggers the insurer’s duty to defend? States are complicating this question by enacting various statutes that provide individuals avenues to remedy disputes and claims outside of, or… Continue reading Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
Tag: Construction Defect Claims
An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent
Gary Brown and Steven Appelbaum | Construction Industry Counselor | January 5, 2018 In a case of first impression that will undoubtedly have significant effects on Florida’s construction and insurance industries, the Florida Supreme Court recently decided that an insurer’s duty to defend under a standard form commercial general liability (CGL) policy was triggered by… Continue reading An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent
Is California’s Right to Repair Statute Really the Exclusive Remedy in Construction Defect Litigation?
Elizabeth D. Beckman | Kramer deBoer & Keane, LLP Approximately fifteen years after California Governor Grey Davis signed into law Senate Bill 800,1 and much related judicial dispute, the California Supreme Court is set to resolve the legal standard for handling of construction defect claims in the matter of McMillan Albany, LLC v. Superior Court.2… Continue reading Is California’s Right to Repair Statute Really the Exclusive Remedy in Construction Defect Litigation?
Florida Supreme Court Ruling to Have Big Impact on Duty to Defend Construction Cases
Elizabeth B. Ferguson | Insurance Journal | January 4, 2018 A recent case out of the Florida Supreme Court will likely have a big impact on the duty of insurers to defend Florida construction cases. The case, Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company arises out of a declaratory judgment action filed in the… Continue reading Florida Supreme Court Ruling to Have Big Impact on Duty to Defend Construction Cases
Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
Richard H. Glucksman, Esq. and Chelsea L. Zwart, Esq. | Construction Defect Journal | June 5, 2017 Background In Gillotti v. Stewart (April 26, 2017) 2017 WL 1488711, which was ordered to be published on May 18, 2017, the defendant grading subcontractor added soil over tree roots to level the driveway on the plaintiff homeowner’s… Continue reading Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims